Section 10 , after
amendment, reads as under,
10. Specific performance in respect of
contracts.--The specific performance of a
contract shall be enforced ... consequence of a contract capable of
specific performance.
(4)The court shall not refuse to any party
specific performance of a contract merely
Binita Gupta Page No. 1 of 53 +0530
SUIT FOR SPECIFIC PERFORMANCE OF AGREEMENT TO
SELL AND PURCHASE EXECUTED BETWEEN THE
PLAINTIFF AND THE DEFENDANTS ... 269SS of the Income Tax
Act .................39
- Law on Specific Performance before and
after amendment of 2018 .................40
- Whether 2018 amendment applicable
Retrospectively or Prospectively
that post the 2018 Amendment to the Specific Relief Act ,
the Court is left with no discretion to refuse specific performance.
16. Per contra ... contract has become
contract has become
incapable of specific
incapable of specific
performance does not
performance does not
preclude the court from
preclude the court
Section 10, after amendment, reads as under,
10. Specific performance in respect of contracts.--The
specific performance of a contract shall be enforced ... specific pre-requisite and/or essential ingredient for
specific performance are fulfilled/proved, the court is now obligated to grant
the relief of specific performance
Firozuddin V. Zafruddin
SECTION 10 SPECIFIC RELIEF ACT PRIOR
TO AMENDMENT
10. Cases in which specific performance of
contract enforceable.--Except as otherwise
provided ... Firozuddin V. Zafruddin
SECTION 10 SPECIFIC RELIEF ACT AFTER
AMENDMENT
"10. Specific performance in respect of
contracts.--The specific performance of a
contract shall
deal with the 1st
Amendment i.e inclusion of relief of specific performance.
Amendment qua relief of Specific Performance
The Plaintiff by way of amendment ... endeavours to seek specific
performance of agreement to sell dated 24.10.2008. As per Article 54 of
the Limitation Act, 1963 Specific Performance of a contract
specific performance of agreement dated 18.08.2009?
OPP
4. Whether the plaintiff is entitled to any alternative
relief if the main relief of specific performance ... said Rajesh would be asking for specific
performance that he did not pray for specific performance of
agreement in the original suit. This is completely
owner of the property whereas by means of the proposed amendment,
specific performance of the agreement to sell, the basis on which the
presumption ... agreement was
of the year 1991 and its specific performance is being sought by amendment
in the year 2009. This prima facie appears
contended that after the amendment of Section 10 of the
Specific Relief Act, the relief of specific performance is mandatory
rather than discretionary when ... argued that after the
amendment to Section 10 of the Specific Relief Act, the relief of
specific performance is no longer discretionary and that once
this court, it is imperative to discuss the law on specific
performance before 2018 amendment and its applicability on the fact of
present matter ... ground, is no longer a
ground to refuse specific performance of the contract.
Consequently, the Amendment Act, 2018 does away
with the primacy given
